Workers’ Compensation Benefits in Massachusetts
Workers’ compensation in Massachusetts is a wonderful benefit for employees who are injured on the job. Many employees, however, fail to use this system as they do not believe that they are injured enough to apply, or they do not understand it. Workers’ compensation is available to the injured worker, so you might as well take advantage of this system.
Who is Eligible for Workers’ Comp?
Workers’ comp benefits are available to any Massachusetts worker who was injured while performing duties for their employee or while they were at work. In fact, the injury incurred does not have to happen at your physical place of employment for the injury to be covered under workers’ comp. You are still likely covered if you were carrying our any task for your employer.
The Workers’ Compensation Process
Many employees will begin the workers’ compensation process by notifying their employer of their injury at work. The injury in question should prevent the injured party from working for at least five partial or full calendar days.
Once your employee is notified of your injury, they will fill out a “Form 101” or a “First Report of Injury” form. This form informs the DIA or Division of Industrial Accidents about you and your injury. This form includes information such as:
- Basic information such as your date of birth and your address
- When the accident or injury occurred
- When you were hired
- Where on your body you were injured
- If you have been able to return to work
- Gross amount of your average weekly wages
An employer must fill out Form 101 within seven days of the injury or accident and submit it to the DIA. Furthermore, if the employer has an insurance carrier for workers’ compensation, they must be notified as well.
Receiving Workers’ Compensation Benefits
You will receive an Insurer’s Notification of Payment” or “Form 103” if the insurance company accepts your claim.
You should begin receiving workers’ comp benefits within three or four weeks following your injury. Workers’ compensation benefits are for lost wages for the time you were not able to work due to the injury. It is important to note that these benefits will likely be less than your lost wages while you were unable to work. Furthermore, if your claim is accepted, your medical bills should also be covered.
Contesting Workers’ Comp Benefits
You, as an employee, can fill out an “Employee Claim Form” or a “Form 110” if you believe that your employee has not filled out and submitted the First Report of Injury. Under workers’ compensation law in the state of Massachusetts, filing this form starts a contested case. It is similar to filing a “petition” or a “complaint” under regular federal or state law.
This form is only filled out by the employee when they believe that they should be receiving workers’ comp benefits and they are not. Or, if the employee believes that they should be receiving more benefits. The process of contesting workers’ compensation benefits can be complex, so having an experienced workers’ compensation attorney like Todd Beauregard can be very beneficial.
For more information on Workers’ compensation benefits in Massachusetts, contact our office today!